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HomeMy WebLinkAbout5.B.2. Agreement with Scott Co. for Maintenenace of Traffic Control Signal Systems and Integral Street Lights s" e. '-- · CITY OF SHAKO PEE CONSEr~T Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Jeff Weyandt, Assistant City Engineer SUBJECT: Agreement for Participation in the Maintenance of Traffic Control Signal Systems and Integral Street Lights DATE: July 15,2008 INTRODUCTION: This agenda item is to authorize the appropriate City officials to execute signal system agreements with Scott County for the maintenance of traffic control signal systems on CSAH 83 at 12th Avenue, Dean Lakes Boulevard and 17th Avenue and at Sarazin Street and 17th Avenue. BACKGROUND: The attached agreements contain standard language used in other maintenance agreements between the County and the City. The reason for executing the agreements now is due to the jurisdictional change on 17th A venue, from a City street to a County road, and due to Mn/DOT turning maintenance of the signal systems on CSAH 83 over to the City and the County. AL TERNA TIVES: 1. Authorize the appropriate City officials to execute signal system agreements with Scott County for the maintenance of traffic control signal systems on CSAH 83 at 12th Avenue, Dean Lakes Boulevard and 17th A venue and at Sarazin Street and 17th Avenue. 2. Do not authorize the appropriate City officials to execute signal system agreements with Scott County for the maintenance of traffic control signal systems on CSAH 83 at 12th A venue, Dean Lakes Boulevard and 17th A venue and at Sarazin Street and 17th Avenue. 3. Table for additional information. ., . RECOMMENDATION: Staff recommends the authorization of the maintenance agreements with Scott County for the traffic control signal systems on CSAH 83 at 12th Avenue, Dean Lakes Boulevard and 17th A venue and at Sarazin Street and 17th Avenue. ACTION REQUESTED: Authorize the appropriate City officials to execute signal system agreements with Scott County for the maintenance of traffic control signal systems on CSAH 83 at 12th Avenue, Dean Lakes Boulevard and 17th A venue and at Sarazin Street and 17th Avenue. ~~F Jeff Weyandt, P.E. Assistant City Engineer JW/pmp ENGR/2008-PROJECTS-2008-COUNCIL/TRAFFIC-SIGNAL-AGREEMENTS CSAH 16 (17th Avenue) at Sarazin Street City of Shakopee County of Scott AGREEMENT FOR PARTICIPATION IN MAINTENANCE OF TRAFFIC CONTROL SIGNAL SYSTEMS AND INTEGRAL STREET LIGHTS THIS AGREEMENT, made and entered into this _ day of , 20_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". RECITALS: A. The City constructed installed a fully-actuated traffic control signal system with mast arms and integral street lights at the intersection of 17th A venue with Sarazin Street in the City of Shakopee, Scott County, Minnesota (hereinafter referred to as the project). B. The above described project lies within the corporate limits of the City. C. At the time of construction, both 17th A venue and Sarazin Street were roadways entirely under the jurisdiction of the City of Shakopee. D. The City and the County have executed an agreement in which the County has assumed jurisdiction of 17th Avenue and in doing so designated 17th Avenue as Scott County State Aid Highway (CSAH) No. 16. E. The City has expressed its willingness to participate in operating cost of said intersection and signal systems with integral street lights subsequent to the County assuming ownership of the roadway and aforementioned signal system. F. Emergency Vehicle Preemption (EVP) system construction was included with the project. G. Said improvement work was carried out by the parties under the provisions ofMinn .Stat. Sec. 162.17, subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: 1. Upon execution of this agreement, the City shall continue to pay all monthly electrical service expenses necessary to operate the traffic control signal, luminaires, and EVP system. 1 CSAH 16 (17Tn Avenue) at Sarazin Street City of Shakopee County of Scott 2. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal systems or EVP systems; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. 3. The County shall maintain and repair said traffic control signal systems at the sole cost and expense of the County. Further, the County shall maintain and repair the components of the EVP system and any repairs required shall be at the sole cost and expense of the City. Further, the City shall maintain the integral streetlights at the sole cost and expense of the city, except for the County maintaining electrical energy to the luminaire head at the sole cost and expense of the County. 4. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minn. Stat. Secs. 169.01, subd. 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. (2) Malfunctions of the EVP systems shall be reported to the County immediately. (3) In the event said EVP systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP systems. Upon removal of the EVP systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP systems shall be determined by the County. 5. Pavement striping and marking for the intersection is currently in place. The County shall be responsible for all subsequent roadway striping and marking on and across CSAH 16 (17th Avenue) at its intersections with Sarazin Street as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. The City shall be responsible for all subsequent roadway striping and marking on and across Sarazin Street as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. 2 CSAH 16 (17th Avenue) at Sarazin Street City of Shakopee County of Scott 6. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 7. As the parties recognize each other as political subdivisions of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and duly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 8. All records kept by the City and the County with respect to the project shall be subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Chapter now in force or hereafter adopted. 9. Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 10. It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. 3 CSAH 16 (17th Avenue) at Sarazin Street City of Shakopee County of Scott 11. It is further agreed that each party to this Agreement shall not be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 12. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged shall be the sole responsibility of the City and shall not be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged shall be the sole responsibility of the County and shall not be the obligation or responsibility of the City. 13. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein. See Exhibit "A". 4 CSAH 16 (17th Avenue) at Sarazin Street City of Shakopee County of Scott 14. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5 (2004), the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. 15. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 16. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 17. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A. Heller, Public Works Technician, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369. The City's Authorized Agent for the purpose of the administration of this Agreement is Bruce Loney, City of Shakopee Engineer, or his successor. His current address and phone number are 500 Gorman Street SE, Shakopee, MN 55372, (952)-2339361. Any change in name, address, or telephone shall be noticed to the other party. 5 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By John Schmitt, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By David Unmacht, County Administrator Robert J. Vogel, Chair of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer Date Date APPROVED AS TO EXECUTION: By Pat Ciliberto, County Attorney Date W:\ WORD\ TRAFFIC\Signals\Coop Agreement_ Sarazin-16Signal.doc EXHIBIT A Ilill~)," R<1[i~~~~~i~~M~~~ .i~:~~,~ I It is the policy of Scott County Government to provide Equal Opportunity to an employees and applicants for employment in accordance with aU applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local g:overning bodies or agencies thereof, including Minnesota Statutes, Chapter 363. Scott County will not engage in any employment practices which discriminate against or harass any employee or applIcant for employment because of race, co.or, creed, religion, national origin, sex, disability, age, marti.al status, sexual orientation, or status vvith regard to public assistance. Such employment practices include, but are not limited to, the following: hiring, upgrading, demotion, transfer,. recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of payor other forms of compensati!on, and selection for training, including apprenticeship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals of Equal Employment Opportunity. Any employee of the County who does not comply with the Equal Employment Opportunity Policies and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal! Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363, will be subject to appropriate contractual sanctions. Scott County has designated the Employee Relations Director as the manager of the Equal Opportunity Program. These responsibilities wilt include monitoring all Equal Employment Qpportunity activities and reporting the effectiveness of this program, as required by Federa.I, State, and local agencies. The Scott County Administrator will receive and review reports on the progress of the program. If any employee or applicant for employment believes he or she has been discriminated against, please contact the Scott County Employee Relations Director, Scott County Employee Relations, Government Center Room 201,200 Fourth Avenue West, Shakopee, Minnesota 55379-1220. or call (952) 496-8103. H~ J~ . . 1/2/2008 ,/ 1/2/2008 David J. Unmacht Date Robert J. Vogel Date Scott County Administrator Chair, Board of Commissioners State Aid Project No. 70-616-23 CSAH 83 at 12th Ave CSAH 83 at Dean Lakes Blvd CSAR 83 at 17th Avenue (CSAR 16) City of Shakopee County of Scott AGREEMENT FOR P ARTICIP ATION IN MAINTENANCE OF TRAFFIC CONTROL SIGNAL SYSTEMS AND INTEGRAL STREET LIGHTS THIS AGREEMENT, made and entered into this _ day of , 20_, by and between the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "County" and the Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City". RECITALS: A. The County, the City, and the Minnesota Department of Transportation (Mn/DOT), in 2003, improved intersection geometrics and installed fully-actuated traffic control signal systems with mast arms and integral street lights at three intersections of County State Aid Highway (CSAH) 83 (Canterbury Rd) with 12th Avenue, Dean Lakes Boulevard, and 17th Avenue in the City of Shakopee, Scott County, Minnesota (hereinafter referred to as the project). B. The above described project lies within the corporate limits ofthe City. C. The maintenance and operation of these signals was subject to Mn/DOT Agreement No. 83140, between the County and the Minnesota Department of Transportation. D. Mn/DOT Agreement No. 83140 is agreed to expire five years from the completion of construction of the proj ect. E. The City has expressed its willingness to participate in operating cost of said intersection and signal systems with integral street lights following the expiration of Mn/DOT Agreement No. 83140. F. Emergency Vehicle Preemption (EVP) system construction was included with the project. G. Said improvement work was carried out by the parties under the provisions ofMinn .Stat. Sec. 162.17, subd. 1. 1 State Aid Project No. 70-616-23 CSAH 83 at 12th Ave CSAR 83 at Dean Lakes Blvd CSAR 83 at 17th Avenue (CSAR 16) City of Shakopee County of Scott NOW, THEREFORE, IT IS HEREBY AGREED: 1. Upon execution of this agreement, the City shall pay all monthly electrical service expenses necessary to operate the traffic control signal, luminaires, and EVP system. 2. The City shall not revise by addition or deletion, nor alter or adjust any component, part, sequence, or timing of the aforesaid traffic control signal systems or EVP systems; however, nothing herein shall be construed as restraint of prompt, prudent action by properly constituted authorities in situations where a part of such traffic control signal system may be directly involved in an emergency. 3. The County shall maintain and repair said traffic control signal systems at the sole cost and expense of the County. Further, the County shall maintain and repair the components of the EVP system and any repairs required shall be at the sole cost and expense of the City. Further, the City shall maintain the integral streetlights at the sole cost and expense of the city, except for the County maintaining electrical energy to the luminaire head at the sole cost and expense ofthe County. 4. The EVP systems provided for in this Agreement shall be installed, operated, maintained or removed in accordance with the following conditions and requirements: (1) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minn. Stat. Secs. 169.01, subd. 5 and 169.03. The City will provide the County Engineer or his duly appointed representative a list of all such vehicles with emitter units upon request. (2) Malfunctions of the EVP systems shall be reported to the County immediately. (3) In the event said EVP systems or components are, in the opinion of the County, being misused or the conditions set forth herein are violated, and such misuse or violation continues after receipt by the City of written notice thereof from the County, the County shall remove the EVP systems. Upon removal of the EVP systems pursuant to this paragraph, the field wiring, cabinet wiring, detector receivers, infrared detector heads and indicator lamps and all other components shall become the property of the County. (4) All timing of said EVP systems shall be determined by the County. 2 State Aid Project No. 70-616-23 CSAH 83 at 12th Ave CSAH 83 at Dean Lakes Blvd CSAH 83 at 17th Avenue CCSAH 16) City of Shakopee County of Scott 5. Initial pavement striping and marking for the intersection was included as part of the project. The County shall be responsible for all subsequent roadway striping and marking on and across CSAH 83 at its intersections with 12th Avenue, Dean Lakes Parkway, and 17th Avenue, and across CSAH 16 at its intersection with CSAH 83, as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. The City shall be responsible for all subsequent roadway striping and marking on and across the east and west legs of the intersections of CSAH 83 with 12th A venue and with Dean Lakes Parkway as required after the initial work and shall be responsible for one hundred percent (100%) of the subsequent related costs. 6. In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted, upon agreement of both parties, to mediation, with the cost being shared equally. 7. As the parties recognize each other as political subdivisions of the State of Minnesota, each party shall maintain general liability and automobile liability coverage protecting itself, its officers, agents, employees and dilly authorized volunteers against any usual and customary public liability claims to the limits prescribed under Minn. Stat. Sec. 466.04 and Workers' Compensation and shall be in accordance with the Minnesota statutory requirements. Said policies shall be kept in effect during the entire term of this Agreement. 8. All records kept by the City and the County with respect to the project shall be 'subject to examination by the representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the activities of the County or City pursuant to this Agreement shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rilles implementing such Chapter now in force or hereafter adopted. 3 State Aid Project No. 70-616-23 CSAH 83 at 12th Ave CSAH 83 at Dean Lakes Blvd CSAH 83 at 17th Avenue (CSAH 16) City of Shakopee County of Scott 9. Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. 10. It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. 11. It is further agreed that each party to this Agreement shall not be responsible or liable to the other or to any other person or entity for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 4 State Aid Project No. 70-616-23 CSAH 83 at 12th Ave CSAH 83 at Dean Lakes Blvd CSAH 83 at 17th Avenue (CSAH 16) City of Shakopee County of Scott 12. It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged shall be the sole responsibility of the City and shall not be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that mayor might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged shall be the sole responsibility of the County and shall not be the obligation or responsibility of the City. 13. The provisions of Minn. Stat. Sec. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this Agreement as though fully set forth herein. See Exhibit "A". 14. Pursuant to Minn. Stat. Sec. 16C.05, subd. 5 (2004), the books, records, documents, and accounting procedures and practices of the County and City pursuant to this Agreement shall be subject to examination by the County, City and the State Auditor. Complete and accurate records of the work performed pursuant to this Agreement shall be kept by the County and City for a minimum of six (6) years following termination of this Agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the County or the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is fmally completed or until the authorized agent of the County or City notifies each party in writing that the records no longer need to be kept. 5 State Aid Project No. 70-616-23 CSAR 83 at 12th Ave CSAR 83 at Dean Lakes Blvd CSAR 83 at 17th Avenue (CSAR 16) City of Shakopee County of Scott 15. The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located with the County of Scott, State of Minnesota. Litigation, however, in the federal courts involving the parties shall be in the appropriate federal court within the State of Minnesota. 16. In the event any provision of this Agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the Agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 17. The County's Authorized Agent for the purpose of the administration of this Agreement is Maria A. Heller, Public Works Technician, or her successor. Her current address and phone number are Scott County Highway Department, 600 Country Trail East, Jordan, MN 55352, (952) 496-8369. The City's Authorized Agent for the purpose of the administration of this Agreement is Bruce Loney, City of Shakopee Engineer, or his successor. His current address and phone number are 500 Gorman Street SE, Shakopee, MN 55372, (952)-2339361. Any change in name, address, or telephone shall be noticed to the other party. 6 IN TESTIMONY WHEREOF, the parties hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By John Schmitt, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By David Unmacht, County Administrator Robert J. Vogel, Chair of Its County Board Date Date Upon proper execution, this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. By By Pat Ciliberto, County Attorney Mitchell J. Rasmussen, County Engineer Date Date APPROVED AS TO EXECUTION: By Pat Ciliberto, County Attorney Date W:\ WORD\PROJEC1\CP 21-12\Coop Agreement_ShakopeeSIGNALS-83.doc EXHIBIT A liJ' . T'ir;li~tta~j~'liill~i'IJII It is the policy of Scott County Government to provide Equal Opportunity to all employees and applicants for employment in accordance with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363. Scott County will not engage in any employment practices which discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, martial status, sexual orientation, or status vvith regard to public assistance. Such employment practices include, but are not limited to, the foW/owing: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, selection, layoff, disciplinary action, termination, rates of payor other forms of compensation, and selection for training, including apprentiiceship. Further, Scott County fully supports incorporation of nondiscrimination rules and regulations into contracts and will commit the necessary time and resources to achieve the goals o,f Equal Employment Opportunity. Any employee of the County who does not comply vvith the Equal Employment Opportunity Polides and Procedures set forth in this Statement and Plan will be subject to disciplinary action. Any subcontractor of the County not complying with all applicable Equal Employment Opportunity laws, directives, and regulations of Federal, State, and local governing bodies or agencies thereof, including Minnesota Statutes, Chapter 363, will be subject to appropriate contractual sanctions. Scott County has designated the Employee Relations Director as the manager of the Equal Opportunity Program. These responsibilities will include monitoring all Equal Employment Opportunity activities and reporting the effectiveness of this program, as required by Federal, State, and focal agencies. The Scott County Administrator will receive and review reports on the progress of the program. If any employee or applicant for employment believes he or she has been discriminated against, please contact the Scott County Employee Relations Director, Scott County Employee Relations, Government Center Room 201,200 Fourth Avenue West, Shakopee, Minnesota 55379-1220, or call (952)496-8103. 4~h-~L ~ rP'~' ..- .. 4~' /" , f 1/2/2008 ,./ 1/2/2008 David J. Unmacht Date Robert J. Vogel Date Scott County Administrator Chair, Board of Commissioners